NY State Senate Bill 2015-S3905

Senate Bill S3905

2015-2016 Legislative Session

Relates to creating an affirmative defense in certain cases involving sexting by persons under the age of 18

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Feb 20, 2015	referred to codes

2015-S3905 (ACTIVE) - Details

See Assembly Version of this Bill:: A5413
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §40.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5230, A1454
2019-2020: S2920, A1860
2021-2022: S4144, A9319
2023-2024: S3599, A3470

2015-S3905 (ACTIVE) - Summary

Relates to creating an affirmative defense in certain cases involving sexting by persons under the age of 18.

2015-S3905 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3905

TITLE OF BILL:

An act to amend the penal law, in relation to creating an affirmative
defense in certain cases involving sexting by persons under the age of
18

PURPOSE OR GENERAL IDEA OF BILL:

This bill would provide an affirmative defense to young persons for
certain acts with regard to the possession and dissemination of such
images and photographs of themselves.

SUMMARY OF SPECIFIC PROVISIONS:

Secion 1 amends the penal law by adding a new section 40.20 to provide
an affirmative defense to certain acts by young persons where the
defendant is less than four years older than the individual who
received, sent or posted an image or photograph at issue in a criminal
charge and where that individual expressly or implicitly acquiesced in
the defendant's conduct.

Section 2 relates to the effective date.

JUSTIFICATION:

The prevalence of text messaging, emailing and internet usage has led
to unanticipated forms of communication, particularly among
adolescents. Many adolescents are engaging in the sending, receiving
and posting of images or photographs which are provocative in nature.
This activity has the potential to impact teens' privacy interests and
may even lead to criminal charges.

One national study found that as many as 20 percent of teens have sent
or posted nude or seminude photos of themselves. In general,
adolescents and their parents and caregivers, are unaware of the
potential harm. This bill addresses the issue of criminal prosecution
of adolescent conduct that was not intended under certain criminal
acts by creating an affirmative defense.

PRIOR LEGISLATIVE HISTORY:

This bill is an amended version of S. 463 of 2013-14.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3905 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3905

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to  creating  an  affirmative
  defense in certain cases involving sexting by persons under the age of
  18

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section  40.20  to
read as follows:
S 40.20 CERTAIN ACTS BY A YOUNG PERSON.
  IN  ANY  PROSECUTION  PURSUANT  TO SECTION 235.21 OR 235.22 OR SECTION
263.10, 263.11, 263.15 OR 263.16 OF THIS CHAPTER, IT IS  AN  AFFIRMATIVE
DEFENSE  THAT  THE  DEFENDANT WAS LESS THAN EIGHTEEN YEARS OLD, AND THAT
THERE IS A LESS THAN FOUR YEAR AGE DIFFERENCE BETWEEN THE DEFENDANT  AND
THE  RECIPIENT  AT THE TIME OF THE ACT, AND THE DEPICTION OR DESCRIPTION
WAS NOT OBTAINED IN VIOLATION OF SECTION 250.45 OR 250.50 OF THIS  CHAP-
TER,  AND  BOTH  THE  DEFENDANT AND THE RECIPIENT EXPRESSLY OR IMPLIEDLY
ACQUIESCED IN THE CONDUCT, AND THE DEFENDANT DID NOT INTEND TO OR PROFIT
FROM SUCH CONDUCT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00623-04-5

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